Malay Mandal Vs State of West Bengal and Ors. — Murder and Culpable Homicide | Calcutta HC (2024)

Malay Mandal Vs State of West Bengal and Ors. — Murder and Culpable Homicide | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Revisional application disposed of with procedural directions to expedite the 2013 Section 302 IPC case: committal to the learned Sessions Judge by 30 June 2024, consideration of charges preferably by 30 September 2024, monthly trial dates of three sittings, appointment of the Inspector-in-Charge, Hingalganj PS as Nodal Officer, production of materials/documents/exhibits by the Public Prosecutor, continuance of trial despite any local bar resolution, and working out of information on the unproduced accused within 15 days.

Issue for consideration

Expeditious committal of the 2013 Section 302 IPC murder case to the Sessions Court and early consideration of charges. +3 more

Court's answer

Steps to be taken by the learned Magistrate to commit the case to the learned Sessions Judge by 30 June 2024.

Ratio / Principle

Immediately after the case is committed to the learned Sessions Court, the availability of the charge-sheet before the learned Sessions Judge in seisin of the matter is to be reported.

Key takeaways

The learned Sessions Court in seisin of the matter or the transferee court responsible for conducting the trial is to take steps so that the charges are considered at the earliest, preferably by 30 September 2024.ratio¶10
If the trial court considers that the trial should proceed, it is to fix a schedule of three dates, renewed once in a month, so that the trial is taken to its logical conclusion within a reasonable period of time.ratio¶11
The Inspector-in-Charge, Hingalganj PS is to act as Nodal Officer for the conduct of the trial.

Detailed headnote1 paragraphs

Criminal Revisional Jurisdiction, High Court at Calcutta — single-judge order of Tirthankar Ghosh, J dated 16-05-2024 disposing of CRR 387 of 2024 (Malay Mondal v. The State of W. B & Ors.), concerning a murder case under Section 302 IPC pending since its initiation in 2013. Per the report of the learned advocate for the State (kept on record), two accused — Tapan Mondal and Biswajit Mondal — were arrested and one accused has expired. Directions issued: (i) the learned Magistrate to commit the case to the learned Sessions Judge by 30 June 2024; (ii) the availability of the charge-sheet to be reported before the Sessions Judge in seisin immediately after committal, and charges to be considered at the earliest, preferably by 30 September 2024, by the Sessions or transferee court; (iii) if trial proceeds, the trial court to fix a schedule of three dates renewed once a month until the trial reaches its logical conclusion within a reasonable time; (iv) the Inspector-in-Charge, Hingalganj PS to act as Nodal Officer, submitting a report if a fixed-date witness is unavailable or securing his appearance on the next occasion; (v) the Public Prosecutor to produce materials, documents and exhibits on the dates fixed for witness examination; (vi) the trial to continue in spite of any resolution of the local bar, the participating/representing advocate not to stall the proceedings; (vii) Hingalganj PS to work out, within 15 days, the information furnished by the Officer-in-Charge, Missing Persons Bureau, CID, West Bengal, on the accused not brought before the court. Application disposed of; no adjudication on substantive merits.

16-05-2024 Subha Item no. 13 Ct no.34

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction

CRR 387 of 2024

Malay Mondal -versus- The State of W. B & Ors.

Mr. Bikash Chandra Das ….for the petitioner. Mr. Debasis Roy, ld. PP Mr. Arijit Ganguly Mr. S. D. Roy ….for the State.

Report submitted by the learned advocate for the State be kept with the record.

Two of the accused persons were arrested as is reflected in the report namely Tapan Mondal and Biswajit Mondal. It is also reflected that one of the accused person has expired. Some more information has been shared with the Hingalganj PS in respect of one of the accused persons who has not been brought before the court. Hingalganj PS is directed to work out the information as has been informed by the Officer-in-Charge, Missing Persons Bureau, Criminal Investigation Department, West Bengal. Within 15 days the same should be worked out. The case is under Section 302 IPC and was initiated in the year 2013. Steps be taken by the learned Magistrate to commit to the learned Sessions Judge by 30^th June, 2024.

A report be submitted regarding the availability in the

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charge-sheet before the learned Sessions Judge in seisin of the matter immediately after the case is committed to the learned Sessions Court. The learned Sessions Court who would be in seisin of the matter or the transferee court who would be responsible for conducting the trial would take steps so that the charges are considered at the earliest preferably by 30^th September, 2024.

Thereafter, if the trial court is of the opinion that the trial of the case should proceed in that case the learned trial court would fix a schedule of three dates and fix such schedule once in a month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.

The Inspector-in-Charge, Hingalganj PS will act as Nodal Officer and in case any witness is not available on the date so fixed, a report be submitted by him or he should ensure that on the next occasion the witness is available before the court

The Public Prosecutor appearing in the case would produce the materials, documents and exhibits on the date fixed for examination of the witnesses concerned.

It is directed that the trial of the case would continue in spite of the resolution of the local bar and the learned participating/representing advocate will not stall the proceedings because of any such resolution.

All efforts be taken by the stake-holders to conclude the trial at the earliest.

With the aforesaid observations, the present revisional application being CRR 387 of 2024 is disposed of.

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All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court.

[Tirthankar Ghosh, J]